State  Convention.]  [June,  1861. 

Ordered  to  be  Printed. 


Syrne  6c  llall,  Printers  to  the  Convention. 


ODRINANCES  AND  RESOLUTIONS  PASSED  BY  THE 
STATE  CONVENTION.  ' 


[No.  1.1 

AN  ORDINANCE  TO  DISSOLVE  THE  UNION  BE- 
TWEEN  THE  STATE  OF  NORTH  CAROLINA  AND 
THE  OTHER  STATES  UNITED  WITH  HER  UNDER 
THE  COMPACT  OF  GOVERNMENT  ENTITLED  THE 
CONSTITUTION  OF  THE  UNITED  STATES. 

We,  the  people  of  the  State  of  North  Carolina,  in  Convention 
assembled,  do  declare  and  ordain,  and  it  is  hereby  declared  and 
ordained,  That  the  ordinance  adopted  by  the  State  of  North 
Carolina  in  the  Convention  of  1789,  whereby  the  Constitution 
of  the  United  States  was  ratified  and  adopted,  and  also,  all  acts 
and  parts  of  acts  of  the  General  Assembly,  ratifying  and 
adopting  amendments  to  the  said  Constitution,  are  hereby 
repealed,  rescinded  and  abrogated. 

We  do  further  declare  and  ordain,  That  the  union  now  sub- 
sisting between  the  State  of  North  Carolina  and  the  other 
States  under  the  title  of  the  United  States  of  America,  is  hereby 
dissolved,  and  that  the  State  of  North  Carolina   is  in  the  full 


V 


■2  State  Convexttox.  [June. 

possession  and  exercise  of  all  those  rights  of  sovereignty  which 
belong  and  appertain  to  a  free  and  independent  State. 
Read  three  times  and  passed,  20th  day  of  May,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Wal?er  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  2.] 

AN  ORDINANCE  VESTING  IN  THE  CONFEDERATE 
STATES  OF  AMERICA  JURISDICTION  OVER  CER- 
TAIN TRACTS  OF  LAND  IN  THE  TOWN  OF  FAY- 
ETTEVILLE AND  COUNTY  OF  CUMBERLAND. 

We,  the  people  of  North  Carolina,  in  Convention,  assembled, 
do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained, 
That  the  jurisdiction  of  the  State  of  North  Carolina  is  hereby 
ceded  to  the  Confederate  States  of  America,  for  the  purpose  of 
maintaining  and  erecting  therein  Arsenals,  Magazines,  or  other 
necessary  buildings,  over  all  that  tract,  piece  or  parcel  of  land, 
situate,  lying  and  being  in  the  town  of  Fayetteville  and  county 
of  Cumberland,  the  jurisdiction  over  which  was  ceded  the  United 
States  of  America  by  an  act  of  the  General  Assembly  of  the 
State  of  North  Carolina,  ratified  on  the  8th  day  of  January, 
1839!,  and  is  entitled  "An  Act  vesting  in  the  United  States  of 
America  jurisdiction  over  a  certain  tract  of  land  in  the  town  of 
Fayetteville  and  county  of  Cumberland." 

And  be  it  further  declared  and  ordained,  That  jurisdiction  in 
like  manner  and  for  like  purposes  is  hereby  ceded  to  the  Con- 
federate States  of  America  over  all  tracts  or  parcels  of  land 
adjacent  to  the  same  heretofore  purchased  by  the  United  States 
of  America. 

And  be  it  further  declared  and  ordained,  Tlmt  the  jurisdic- 
tion so  ceded  to  the  Confederate  States  of  America,  is  granted 


1861.]  State  Convention.  3 

upon  the  express  condition  that  the  State  of  North  Carolina 
shall  retain  jurisdiction  on  and  over  the  tracts  of  land  aforesaid, 
so  far  that  civil  procese  in  all  cases,  and  such  criminal  process 
as  may  issue  under  the  authority  of  the  State  of  North  Carolina, 
against  any  person  or  persons  charged  with  crimes  committed 
■without  said  tract  of  land  may  be  executed  therein  in  the  same 
Avay  and  manner  as  if  this  jurisdiction  had  not  yet  been  ceded: 
The  Confederate  States  to  retain  the  said  jurisdiction  so  long  as 
said  tract  or  tracts  of  land  shall  be  used  for  the  purposes  ex- 
pressed in  this  Ordinance,  and  no  longer. 

Be  it  further  ordained,  That  the  title  and  possession  of  the 
said  lands  is  hereby  ceded  to  the  said  Confederate  States  on  the 
terms  and  conditions  aforesaid. 

Read  three  times  and  passed,  5th  of  June,  1861. 

W,  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary, 


[No.  -3.] 

AN  ORDINANCE  TO  PROVIDE  FOR  THE  APPOINT 
MENT  OF  A  BOARD  OF  CLAIMS. 

Be  it  ordained,  <$-e.,  That  a  Board  of  Claims,  to  consist  of 
three  members — two  of  whom  shall  be  a  quorum  to  do  busi- 
ness— be  elected  by  this  Convention,  whose  duty  it  shall  be  to 
audit  and  settle,  upon  principles  of  equity  and  justice,  all  claims 
that  may  be  presented  against  the  State  for  expenses  incurred 
towards  the  arming,  equipping,  subsistence  and  transportation 
of  our  volunteer  troops,  and  of  munitions  of  war,  and  for 
bounty  paid  said  troops  either  in  the  military  or  naval  service 
of  the  State,  and  other  expenses  incurred  in  the  defence  of  the 
State  prior  to  the  20th  of  May,  1861  ;  and  all  County  claims 
and  other  claims  of  the  character   aforesaid,    arising  since  the 


4  St^'te  Convention.  [June, 

20th  of  May,  1861,  which  arc  not  provided  for  by  law ;  and 
no  county  or  corporation  claim  shall  be  entertained  by  said 
Board,  unless  the  same  shall  be  certified  by  the  County  Trustee, 
or  Chairman  of  the  County  Court,  or  by  the  corporate  authori- 
ties of  any  corporation,  as  the  case  may  be,  whence  the  claim 
or  claims  may  come. 

Be  it  further  ordained,  That  the  members  of  the  said 
Board  of  Claims  shall  take  and  subscribe  an  oath  faithfully 
and  impartially  to  discharge  their  duties;  they  may  employ  a 
clerk  who  shall  record  the  proceedings  of  the  Board  ;  they  shall 
give  general  and  public  notice  of  the  times  and  place  of  their 
sittings;  they  shall  be  authorized  to  administer  oaths  and  to 
require  affidavits  to  be  made  when  necessary.  The  said  Board 
shall  report  the  result  of  their  labors  and  proceedings,  with  a 
brief  statement  of  the  character  of  each  claim  allowed  at  the 
conclusion  of  their  labors,  or  from  time  to  time,  as  they  may 
think  proper,  to  this  Convention,  either  at  the'  present  or  any 
future  session.  Each  member  of  the  Board  shall  be  allowed  six 
dollars  per  day,  and  the  clerk  shall  be  allowed  four  dollars  per 
day  for  each  day  they  shall  be  actually  employed. 

Be  it  further  ordained,  That  this  ordinance  shall  remain  in 
force,  and  the  Board  hereby  provided  for  shall  continue  in  exis- 
tence) till  the  loth  day  of  December  next,  subject  to  amend- 
ment, modification  or  repeal  by  this  Convention,  and,  in  case  of 
the  death,  resignation  or  refusal  to  serve  of  any  member  of  said 
Board  of  Claims  during  any  recess,  or  after  the  final  adjourn- 
ment of  this  Convention,  such  vacancy  shall  be  supplied  by  the 
appointment  of  the  Governor. 

Read  three  times  and  passed,  8th  June,  1861. 

W.  K  EDWARDS, 
Teste:  Pi  est.  of  Convention. 

Walter  L.  Steele,'  Secretary, 
L.  C.  Edwakds,  Assistant  Secretary. 


1861.]  State  Convention,  5 

[No.  4.] 

AN  ORDINANCE  TOUCHING  THE  AUTHENTICATION 
OF  ORDINANCES  AND  OTHER  ACTS  OF  THE 
CONVENTION. 

Be  it  ordained  by  this  Convention,  That  ordinances  and  reso- 
lutions of  this  Convention  having  the  effect  of  laws,  shall  be 
authenticated  by  the  signature  of  the  President  and  attestation 
of  the  Secretary  and  Assistant  Secretary,  and  shall  have  the 
date  of  their  final  passage  annexed  thereto;  from  which  date 
each  ordinance  and  resolution  shall  take  effect  and  go  into  ope- 
ration, unless  some  other  time  shall  be  therein  appointed. 
Passed  8th  day  of  June,  1861. 

W.  N.  EDWARDS, 
Teste:  Prcst.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  o.] 
RESOLUTION. 

Resolved,  That  the  Treasurer  be,  and  he  is  hereby  authorized 
to  pay  L.  W.  Joyncr,  sixty-eight  dollars,  for  services  as  clerk 
of  the  Military  Committee. 

Read  three  times  and  passed,  loth  of  June,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


6  State  Convention.  [June, 

[No.  6.] 
RESOLUTION. 

Resolved,  That  this  Convention,  apprceiating  the  valor  and 
good  conduct  of  the  officers  and  men  in  the  1st  Regiment  of  North 
Carolina  Volunteers,  do,  as  a  testimonial  of  the  same,  authorize 
the  said  Regiment  to  inscribe  the  word  "Bethel"  upon  their 
regimental  colors. 

Read  three  times  and  passed,  June  17th,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary, 


[No.  7.] 

AN    ORDINANCE     DEFINING    TREASON    AGAINST 
THE   STATE. 

Be  it  ordained  by  this  Convention,  and  it  is  hereby  ordained 
by  the  authority  of  the  same,  as  follows :  Treason  against  the 
State  of  North  Carolina,  shall  consist  only  in  levying  war 
against  her,  or  in  adhering  to  her  enemies,  giving  them  aid  and 
comfort.  No  person  shall  be  convicted  of  Treason  unless  on 
the  testimony  of  two  witnesses  to  the  same  overt  act,  or  confes- 
sion in  open  court. 

Read  three  times  and  passed,  18th  June,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


1861.  J  State  Convention.  7 

[No.  8.] 
AN   ORDINANCE    REPEALING    THE    ACT    OF    THE 
GENERAL  ASSEMBLY    CONVENING   THE   LEGIS- 
LATURE ON  THE  25tii  OF  JUNE,  1861. 

Be  it  ordained,  That  the  resolution  passed  by  the  General 
Assembly  at  its  late  session  providing  for  an  adjourned  session 
of  the  said  General  Assembly  on  the  25th  of  June,  1861,  be 
and  the  same  is  hereby  abrogated  and  annulled. 

Be  it  further  ordained,  That  there  shall  be  a  session  of  the 
General  Assembly  which  shall  convene  on  the  15th  day  of  Au- 
gust next. 

Read  three  times  and  passed,  19th  of  June,  1861. 

W.  N.  EDWARDS, 
Teste:  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  9.] 
RESOLUTION. 

Resolved,  That  the  President,  Secretaries,  Engrossing  Clerk 
and  Doorkeepers  of  this  Convention  be  allowed  the  same  com- 
pensation which  is  paid  by  the  General  Assembly  to  the  officers 
who  render  similar  services  to  that  body. 

Resolved,  That  a  committee  of  three  be  appointed,  who  shall 
during  the  sitting  or  after  the  adjournment  of  the  Convention, 
audit  and  certify  to  the  Governor  all  other  claims  on  account  of 
the  contingent  expenses  of  the  Convention,  and  that  they  be 
authorized  to  allow  three  dollars  per  day  and  the  travelling 
expenses  of  all  messengers  who  may  be  employed  by  this  Con- 
vention. 

Read  three  times  and  passed,  19th  of  June,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

,  Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


f 


8  State  Convention.  [June, 

[No.  10.] 
RESOLUTION. 

Jlesolved,  That  four  thousand  copies  of  the  Army  Regulations 
of  the  Army  of  the  Confederate  States  of  America  be  printed 
for  the  use  of  the  officers  and  soldiers  of  this  State,  now  in  ser- 
vice, and  hereafter  to  be  called  into  service. 

Resolved,  That  ten  copies  each  be  furnished  to  the  members 
of  this  Convention,  and  that  the  Adjutant  General  be  requested 
to  distribute  the  remainder  in  such  manner  as  to  furnish  to  our 
soldiers  a  knowledge  of  the  military  laws  by  which  they  are  to 
be  governed. 

Read  three  times  and  passed,  19th  June,  18(31. 

W.  N.  EDWARDS, 
Teste:  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  11.] 

AN  ORDINANCE   TO   RATIFY   THE  CONSTITUTION 
OF  THE  CONFEDERATE  STATES  OF  AMERICA. 

Whereas,  On  the  eleventh  day  of  March,  A.  D.,  1861,  at 
Montgomery,  in  the  State  of  Alabama  a  Constitution  was 
adopted  by  a  Congress  of  delegates  from  the  States  of  Alabama, 
Florida,  Georgia,  Louisiana,  Mississippi,  South  Carolina  and 
Texas,  united  under  the  name  of  the  Confederate  States  of 
America,  which  Constitutien  hath  been  ratified  by  each  of  the 
said  States ; 

Now,  therefore,  this  Convention,  having  seen  and  considered 
the  said  Constitution,  doth,  in  behalf  of  the  people  of  the  State 
of  North  Carolina,  adopt  and  ratify  the  said  Constitution  and 
form  of  Government,  the  tenor  of  which  appears  in  a  schedule 
hereto  annexed. 


1861.]  State  Convention.  9 

CONSTITUTION    OF   THE    CONFEDERATE    STATES 
OF  AMERICA. 

We,  the  people  of  the  Confederate  States,  each  State  acting 
in  its  sovereign  and  independent  character,  in  order  to  form  a 
permanent  federal  government,  establish  justice,  insure  domestic 
tranquility  and  secure  the  blessings  of  liberty  to  ourselves  and 
our  posterity — invoking  the  favor  and  guidance  of  Almighty 
God — do  ordain  and  establish  this  Constitution  for  the  Confede- 
rate States  of  America. 

ARTICLE  I. 
Section  1. 

All  legislative  powers  herein  delegated  shall  be  vested  in  a 
Congress  of  the  Confederate  States,  which  shall  consist  of  a 
Senate  and  House  of  Representatives. 

Section  2. 

1.  The  House  of  Representatives  shall  be  composed  o£  mem- 
bers chosen  every  second  year  by  the  people  of  the  several 
States ;  and  the  electors  in  each  State  shall  be  citizens  of  the 
Confederate  States,  and  have  the  qualifications  requisite  for  elec- 
tors of  the  most  numerous  branch  of  the  State  Legislature; 
but  no  person  of  foreign  birth,  not  a  citizen  of  the  Confederate 
States,  shall  be  allowed  to  vote  for  any  officer,  civil  or  political, 
State  or  Federal. 

2.  No  person  shall  be  a  Representative,  who  shall  not  have 
attained  the  age  of  twenty-five  years,  and  be  a  citizen  of  the 
Confederate  States,  and  who  shall  not,  when  elected,  be  an  in- 
habitant of  that  State  in  which  he  shall  be  chosen. 

3.  Representatives  and  Direct  Taxes  shall  be  apportioned 
among  the  several  States,  which  may  be  included  within  this 
Confederacy,  according  to  their  respective  numbers,  which  shall 
be  determined,  by  adding  to  the  whole  number  of  free  persons, 
including  those  bound  to  service  for  a  term  of  years,  and  exclud- 
ing Indians  not  taxed,  three-fifths  of  all  slaves,     The  actual 

2 


10  State  Convention.  [Juno, 

enumeration,  shall  be  made  "within  three  years  after  the  first 
meeting  of  the  Congress  of  the  Confederate  States,  and  within 
every  subsequent  term  of  ten  years,  in  such  manner  as  they 
shall  by  law,  direct.  The  number  of  Representatives  shall  not 
exceed  one  for  every  fifty  thousand,  but  each  State  shall  have  at 
least  one  Representative;  and  until  such  enumeration  shall  be 
made,  the  State  of  South  Carolina  shall  be  entitled  to  choose 
six — the  State  of  Georgia  ten — the  State  of  Alabama  nine — 
the  State  of  Florida  two — State  of  Mississippi  seven — the  State 
of  Louisiana  six,  and  the  State  of  Texas  six. 

4.  When  vacancies  happen  in  the  representation  from  any 
State,  the  Executive  authority  thereof  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies, 

5.  The  House  of  Representatives  shall  choose  their  Speaker 
and  other  officers ;  and  shall  have  the  sole  power  of  impeach- 
ment ;  except  that  any  judicial  or  other  federal  officer,  resident 
and  acting  solely  within  the  limits  of  any  State,  may  be  im- 
peached by  a  vote  of  two-thirds  of  both  branches  of  the  Leg- 
islature thereof. 

Section  3. 

1.  The  Senate  of  the  Confederate  States  shall  be  composed 
of  two  Senators  from  each  State,  chosen  for  six  years  by  the 
Legislature  thereof,  at  the  regular  session  next  immediately 
preceding  the  commencement  of  the  term  of  service  ;  and  each 
Senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled,  in  consequence 
of  the  first* election,  they  shall  be  divided  as  equally  as  may  be 
into  three  classes.  The  seats  of  the  Senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  second  year;  of  the 
second  class  at  the  expiration  of  the  fourth  year ;  and  of  the 
third  class  at  the  expiration  of  the  sixth  year ;  so  that  one-third 
may  be  chosen  every  second  year ;  and  if  vacancies  happen  by 
resignation,  or  otherwise,  during  the  recess  of  the  Legislature 
of  any  State,  the  executive  thereof  may  make  temporary  ap- 
pointments until  the  meeting  of  the  Legislature,  which  shall 
then  fill  such  vacancies. 


1861.]  State  Convention.  11 

3.  No  person  shall  be  a  Senator  who  shall  not  have  attained 
the  age  of  thirty  years,  and  be  a  citizen  of  the  Confederate 
States ,  and  who  shall  not,  when  elected,  be  an  inhabitant  of 
the  State  for  which  he  shall  be  chosen. 

4.  The  Vice-President  of  the  Confederate  States  shall  be 
President  of  the  Senate,  but  shall  have  no  vote,  unless  they  be 
equally  divided. 

5.  The  Senate  shall  choose  their  other  officers;  and  also  a 
President  pro  tempore  in  the  absence  of  the  Vice  President,  or 
when  he  shall  exercise  the  office  of  President  of  the  Confede- 
rate States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeach- 
ments. When  sitting  for  that  purpose,  they  shall  be  on  oath 
or  affirmation.  When  the  President  of  the  Confederate  States 
is  tried,  the  Chief  Justice  shall  preside ;  and  no  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  the  mem- 
bers present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  and 
enjoy  any  office  of  honor,  trust  or  profit,  under  the  Confederate 
States;  but  the  party  convicted  shall,  nevertheless,  be  liable 
and  subject  to  indictment,  trial,  judgment  and  punishment 
according  to  law. 

Section  4. 

1.  The  times,  places  and  manner  of  holding  elections  for 
Senators  and  Representatives,  shall  be  prescribed  in  each  State 
by  the  Legislature  thereof,  subject  to  the  provisions  of  this  con- 
stitution :  but  the  Congress  may,  at  any  time,  by  law,  make  or 
alter  such  regulations,  except  as  to  the  times  and  places  of  choos- 
ing Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year ; 
and  such  meeting  shall  be  on  the  first  Monday  in  December, 
unless  they  shall,  b$  law,  appoint  a  different  day: 


12  State  Convention.  [June, 

Section  5. 

1.  Each  House  shall  be  the  judge  of  the  elections,  returns 
and  qualifications  of  its  own  members,  and  a  majority  of  each 
shall  constitute  a  quorum  to  do  business ;  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  may  be  authorized  to  compel 
the  attendance  of  absent  members,  in  such  manner  and  under 
such  penalties  as  each  House  may  provide. 

2.  Each  House  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  con- 
currence of  two-thirds  of  the  whole  number,  expel  a  member. 

3.  Each^House  shall  keep  a  journal  of  its  proceedings,  and 
from  time  to  time,  publish  the  same,  excepting  such  parts  as 
may  in  their  judgment  require  secrecy ;  and  the  yeas  and  nays 
of  the  members  of  either  House,  on  any  question,  shall,  at  the 
desire  of  one-fifth  of  those  present,  be  enterd  on  the  journal. 

4.  Neither  House,  during  the  session  of  Congress,  shall,  with- 
out the  consent  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  which  the  two  Houses 
shall  be  sitting. 

Section  6. 

1.  The  Senators  and  Representatives  shall  receive  a  compen- 
sation for  their  services,  to  be  ascertained  by  law,  and  paid  out 
of  the  treasury  of  the  Confederate  States.  They  shall,  in  all 
cases,  except  treason,  felony  and  breach  of  the  peace,  be  privi- 
leged from  arrest  during  their  attendance  at  the  session  of  their 
respective  houses,  and  in  going  to  and  returning  from  the  same  ; 
and  for  any  speech  or  debate  in  either  house,  they  shall  not  be 
questioned  in  any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time  for 
which  he  was  elected,  be  appointed  to  any  civil  office  under  the 
authority  of  the  Confederate  States,  which  shall  have  been  cre- 
ated, or  the  emoluments  whereof  shall  have  been  increased 
during  such  time ;  and  no  person  holding  any  office  under  the 
Confederate  States  shall  be  a  member  of  either  house  during 
his  continuance  in  office.     But  Congress  may,  by  law,  grant  to 


1861.]  State  Convention.  13 

the  principal  officer  in  each  of  the  Executive  Departments  a 
seat  upon  the  floor  of  either  house,  with  the  privilege  of  dis- 
cussing any  measures  appertaining  to  his  department. 

Section '7. 

1.  All  bills  for  raising  revenue  shall  originate  in  the  House 
of  Representatives ;  but  the  Senate  may  propose  or  concur  with 
amendments  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  both  Houses,  shall, 
before  it  becomes  a  law,  be  presented  to  the  President  of  the 
Confederate  States  ;  if  he  approve,  he  shall  sign  it ;  but  if  not, 
he  shall  return  it  with  his  objections  to  that  house  in  which  it 
shall  have  originated,  who  shall  enter  the  objections  at  large  on 
their  journal,  and  proceed  to  reconsider  it.  If,  after  such 
reconsideration,  two- thirds  of  that  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved 
by  two-thirds  of  that  house,  it  shall  become  a  law.  But  in  all 
such  cases,  the  votes  of  both  houses  shall  be  determined  by  yeas 
and  nays,  and  the  names  of  the  persons  voting  for  and  against 
the  bill  shall  be  entered  on  the  journal  of  each  house  respec- 
tively. If  any  bill  shall  not  be  returned  hj  the  President 
within  ten  days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he 
had  signed  it,  unless  the  Congress,  by  their  adjournment,  pre- 
vent its  return  ;rin  which  case  it  shall  not  be  a  law.  The  Presi- 
dent may  approve  any  appropriation  and  disapprove  any  other 
appropriation  in  the  same  bill.  In  such  case  he  shall,  in  signing 
the  bill,  designate  the  appropriations  disapproved ;  and  shall 
return  a  copy  of  such  appropriations,  with  his  objections,  to  the 
house  in  which  the  bill  shall  have  originated;  and  the  same 
proceedings  shall  then  be  had  as  in  the  case  of  other  bills  dis- 
approved by  the  President. 

3.  Every  order,  resolution  or  vote,  to  which  the  concurrence 
of  both  houses  may  be  necessary,  (except  on  a  question  of  ad- 
journment) shall  be  presented  to  the  President  of  the  Confede- 


14  State  Convention.  [June, 

rate  States;  and  before  the  same  shall  take  effect,  shall  be 
approved  by  him ;  or  being  disapproved  by  him  shall  be  repassed 
by  two-thirds  of  both  houses,  according  to  the  rules  and  limita- 
tions prescribed  in  the  case  of  a  bill. 

Section  8. 

The  Congress  shall  power — 

1.  To  lay  and  collect  taxes,  duties,  imposts  and  excises,  for 
revenue  necessary  to  pay  the  debts,  provide  for  the  common 
defence,  and  carry  on  the  government  of  the  Confederate  States : 
but  no  bounties  shall  be  granted  from  the  treasury ;  nor  shall 
any  duties  or  taxes  on  importations  from  foreign  nations  be  laid 
to  promote  or  foster  any  branch  of  industry ;  and  all  duties, 
imposts,  and  excises  shall  be  uniform  throughout  the  Confede- 
rate States : 

2.  To  borrow  money  on  the  credit  of  the  Confederate  States : 

3.  To  regulate  commerce  wich  foreign  nations,  and  among 
the  several  States,  and  with  the  Indian  tribes ;  but  neither  this, 
nor  any  other  clause  contained  in  the  constitution,  shall  ever  be 
construed  to  delegate  the  power  to  Congress  to  appropriate 
money  for  any  internal  improvement  intended  to  facilitate  com- 
merce ;  except  for  the  purpose  of  furnishing  lights,  beacons, 
and  buoys,  and  other  aids  to  navigation  upon  the  coasts,  and 
improvement  of  harbors  and  the  removing  of  obstructions  in 
river  navigation,  in  all  which  cases,  such  duties  shall  be  laid  on 
the  navigation  facilitated  thereby,  as  may  be  necessary  to  pay 
the  costs  and  expenses  thereof: 

4.  To  establish  uniform  laws  of  naturalization,  and  uniform 
laws  on  the  subject  of  bankruptcies,  throughout  the  Confederate 
States,  but  no  law  of  Congress  shall  discharge  any  debt  con- 
tracted before  the  passage  of  the  same : 

5.  To  coin  money,  regulate  the  value  theoreof  and  of  foreign 
coin,  and  fix  the  standard  of  weights  and  measures : 

6.  To  provide  for  the  punishment  of  counterfeiting  the  secu- 
rities and  current  coin  of  the  Confederate  States : 


1861.]  State  Convention.  15 

7.  To  establish  postoffices  and  post  routes ;  but  the  expenses 
of  the  Postoffice  Department,  after  the  first  day  of  March  in 
the  year  of  our  Lord  eighteen  hundred  and  sixty-three,  shall  be 
paid  out  of  its  own  revenues  : 

8.  To  promote  the  progress  of  science  and  useful  arts,  by 
securing  for  limited  times  to  authors  and  inventors  the  exclusive 
right  to  their  respective  writings  and  discoveries : 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court : 

10.  To  define  and  punish  piracies  and  felonies  committed  on 
the  high  seas,  and  offences  against  the  law  of  nations : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water : 

12.  To  raise  and  support  armies ;  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two  years : 

13.  To  provide  and  maintain  a  navy  : 

14.  To  make  rules  for  the  government  and  regulation  of  the 
land  and  naval  forces : 

15.  To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Confederate  States,  suppress  insurrections,  and 
repel  invasions  : 

16.  To  provide  for  organizing,  arming  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be  em- 
ployed in  the  service  of  the  Confederate  States ;  reserving  to 
the  States,  respectively,  the  appointment  of  the  officers,  and  the 
authority  of  training  the  militia  according  to  the  discipline  pre- 
scribed Congress : 

17.  To  exercise  exclusive  legislation,  in  all  cases  whatsoever, 
over  such  district  (not  exceeding  ten  miles  square)  as  may,  oy 
cession  of  one  or  more  States  and  the  acceptance  of  Congress, 
become  the  seat  of  the  Government  of  the  Confederate  States ; 
and  to  exercise  like  authority  over  all  purchased  by  the  consent 
of  the  legislature  of  the  State  in  which  the  same  shall  be,  for 
the  erection  of  forts,  magazines,  arsenals,  dockyards  and  other 
needful  buildings ;  and 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing   powers,   and  all   other 


16  State  Convention.  [June, 

powers  vested  by  this  Constitution  in  the  government  of  the 
Confederate  States,  or  in  any  department  or  officer  thereof. 

Section  9. 

1.  The  importation  of  negroes  of  the  African  race,  from  any 
foreign  country,  other  than  the  slaveholding  States  or  territo- 
ries of  United  States  of  America,  is  hereby  forbidden;  and 
Congress  is  required  to  pass  such  laws  as  shall  effectually  pre- 
vent the  same. 

2.  Congress  shall  also  have  power  to  prohibit  the  introduction 
of  slaves  from  any  State  not  a  member  of,  or  territory  not 
belonging  to,  this  Confederacy. 

8.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when  in  cases  of  rebellion  or  invasion  the 
public  safety  may  require  it. 

4.  No  bill  of  attainder,  ex  post  facto  law,  or  law  denying  of 
impairing  the  right  of  property  in  negro  slaves  shall  be  passed. 

5.  No  capitation  or  other  direct  tax  shall  be  laid,  unless  in 
proportion  to  the  census  or  enumeration  hereinbefore  directed 
to  be  taken. 

6.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
State,  except  by  a  vote  of  two-thirds  of  both  houses. 

7.  No  preference  shall  be  given  by  any  regulation  of  com- 
merce or  revenue  to  the  ports  of  one  "State  over  those  of  another. 

8.  No  money  shall  be  drawn  from  the  treasury,  but  in  conse- 
quence of  appropriations  made  by  law ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  money 
shall  be  published  from  time  to  time. 

9.  Congress  shall  appropriate  no  money  from  the  treasury 
except  by  a  vote  of  two-thirds  of  both  houses,  taken  by  yeas 
and  nays,  unless  it  be  asked  and  estimated  for  by  some  one  of 
the  heads  of  department,  and  submitted  to  Congress  by  the 
President ;  or  for  the  purpose  of  paying  its  own  expenses  and 
contingencies;  or  for  the  payment  of  claims  against  the  Con- 
federate States,  the  justice  of  which  shall  have  been  judicially 
declared  by  a  tribunal  for  the   investigation  of  claims  against 


1861.]  State  Convention.  17 

the  government,  which  it  is  hereby  made  the  duty  of  Congress 
to  establish. 

10.  All  bills  appropriating  money  shall  specify  in  federal 
currency  the  exact  amount  of  each  appropriation  and  the  pur- 
poses for  which  it  is  made ;  and  Congress  shall  grant  no  extra 
compensation  to  any  public  contractor,  officer,  agent  or  servant, 
after  such  contract  shall  have  been  made  or  such  service  ren- 
dered. 

11.  No  title  of  nobility  shall  be  granted  by  the  Confederate 
States ;  and  no  person  holding  any  office  of  profit  or  trust  under 
them,  shall,  without  the  consent  of  the  Congress,  accept  of  any 
present,  emolument,  office  or  title  of  any  kind  whatever  from 
any  king,  prince  or  foreign  State. 

12.  Congress  shall  make  no  law  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof;  or  abridg- 
ing the  freedom  of  speech,  or  of  the  press ;  or  the  right  of  the 
people  peaceably  to  assemble  and  petition  the  government  for  a 
redress  of  grievances. 

13.  A  well  regulated  militia  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  people  to  keep  and  bear  arms 
shall  not  be  infringed. 

14.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner  ;  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law. 

15.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects  against  unreasonable  searches  and 
seizures,  shall  not  be  violated ;  and  no  warrants  shall  issue  but 
upon  probable  cause,  supported  by  oath  or  affirmation,  and  par- 
ticularly describing  the  place  to  be  searched,  and  the  persons  or 
things  to  be  seized. 

16.  No  person  shall  be  held  to  answer  for  a  capital  or  other- 
wise infamous  crime,  unless  on  a  presentment  or  indictment  of 
a  grand  jury,  except  in  cases  arising  in  the  land  or  naval  forces, 
or  in  the  militia,  when  in  actual  service,  in  time  of  war  or  public 
danger ;  nor  shall  any  person  be  subject  for  the  same  offence 
to  be  twice  put  in  jeopardy  of  life  or  limb ;  nor  to  be  compelled, 


18  State  Convention.  [June, 

in  any  criminal  case,  to  be  a  witness  against  himself ;  nor  be 
deprived  of  life,  liberty,  or  property  without  due  process  of 
law;  nor  shall  private  property  be  taken  for  public  use  without 
just  compensation. 

17.  In  all  criminal  prosecutions  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the 
State  and  district  wherein  the  crime  shall  have  been  committed, 
which  district  shall  have  been  previously  ascertained  by  law, 
and  to  be  informed  of  the  nature  and  cause  of  the  accusation ; 
to  be  confronted  with  the  witnesses  against  him  ;  to  have  com- 
pulsory process  for  obtaining  witnesses  in  his  favor ;  and  to 
have  the  assistance  of  counsel  for  his  defence. 

18.  In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be 
preserved ;  and  no  fact  so  tried  by  a  jury  shall  be  otherwise 
re-examined  in  any  court  of  the  Confederacy,  than  according  to 
the  rules  of  the  common  law. 

19.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

20.  Every  law  or  resolution  having  the  force  of  law,  shall 
relate  but  to  one  subject,  and  that  shall  be  expressed  in  the  title. 

Section.  10. 

1.  No  State  shall  enter  into  any  treaty,  alliance,  or  confede- 
ration ;  grant  letters  of  marque  and  reprisal ;  coin  money ;  make 
anything  but  gold  and  silver  coin  a  tender  in  payment  of  debts ; 
pass  any  bill  of  attainder,  or  ex  post  facto  law,  or  law  impairing 
the  obligation  of  contracts ;  or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay 
any  imposts  or  duties  on  imports  or  exports,  except  what  may 
be  absolutely  necessary  for  executing  its  inspection  laws ;  and 
the  net  produce  of  all  duties  and  imposts,  laid  by  any  State  on 
imports  or  exports,  shall  be  for  the  use  of  the  treasury  of  the 
Confederate  States ;  and  all  such  laws  shall  be  subject  to  the 
revision  and^ontrol  of  Congress. 


1861.]  State  Convention.  19 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any 
duty  on  tonnage,  except  on  sea-going  vessels,  for  the  improve- 
ment of  its  rivers  and  harbors  navigated  by  the  said  vessels ;  but 
such  duties  shall  not  conflict  with  any  treaties  of  the  Con- 
federate States  with  foreign  nations  ;  and  any  surplus  revenue, 
thus  derived,  after  making  such  improvement,  be  paid  into  the 
the  common  treasury.  Nor  shall  any  State  keep  troops  or  ships 
of  war  in  time  of  peace,  enter  into  any  agreement  or  compact 
with  another  State,  or  with  a  foreign  power,  or  engage  in  war, 
unless  actually  invaded,  or  in  such  imminent  danger  as  will  not 
admit  of  delay.  But  when  any  river  divides  or  flows  through 
two  or  more  States,  they  may  enter  into  compacts  with  each 
other  improve  the  navigation  thereof. 

ARTICLE  II. 
Section  1. 

1.  The  executive  power  shall  be  vested  in  a  President  of  the 
Confederate  States  of  America.  He  and  the  Vice  President 
shall  hold  their  offices  for  the  term  of  six  years ;  but  the  Presi- 
dent shall  not  be  re-eligible.  The  President  and  Vice  President 
shall  be  elected  as  follows : 

2.  Each  State  shall  appoint,  in  such  manner  as  the  legisla- 
ture thereof  may  direct,  a  number  of  electors  equal  to  the  whole 
number  of  Senators  and  Representatives  to  which  the  State 
may  be  entitled  in  the  Congress ;  but  no  Senator  or  Represen- 
tative, or  person  holding  an  office  of  trust  or  profit  under  the 
Confederate  States,  shall  be  appointed  an  elector. 

3.  The  electors  shall  meet  in  their  respective  States  and  vote 
by  ballot  for  President  and  Vice  President,  one  of  whom,  at 
least,  shall  not  be  an  inhabitant  of  the  same  State  with  them- 
selves ;  they  shall  name  in  their  ballots  the  person  voted  for  as 
President,  and  in  distinct  ballots  the  person  voted  for  as  Vice 
President,  and  they  shall  make  distinct  lists  of  all  persons 
voted  for  as  President,  and  of  all  persons  voted  for  as  Vice 
President,  and  of  the  number  of  votes  for  each,  which  lists  they 
shall  sign  and  certify,  and  transmit,  sealed,  to  the  seat  of  the 


20  State  Convention.  [June, 

government  of  the  Confederate  States,  directed  to  the  Presi- 
dent of  the  Senate ;  the  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted  ;  the  person 
having  the  greatest  number  of  votes  for  President  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole  number 
of  electors  appointed ;  and  if  no  person  have  such  majority, 
then,  from  the  persons  having  the  highest  numbers,  not  exceed- 
ing three,  on  the  list  of  those  voted  for  as  President,  the  House 
of  Representatives  shall  choose  immediately,  by  ballot,  the 
President.  But  in  choosing  the  President,  the  votes  shall  be 
taken  by  States,  the  representation  from  each  State  having  one 
vote ;  a  quorum  for  this  purpose  shall  consist  of  a  member  or 
members  from  two-thirds  of  the  States,  and  a  majority  of  all  the 
States  shall  be  necessary  to  a  choice.  And  if  the  House  of 
Representatives  shall  not  choose  a  President,  whenever  the  right 
of  choice  shall  devolve  upon  them,  before  the  fourth  day  of 
March  next  following,  then  the  Vice  President  shall  act  as  Presi- 
dent, as  in  case  of  the  death,  or  other  constitutional  disability 
of  the  President. 

4.  The  person  having  the  greatest  number  of  votes  as  Vice 
President,  shall  be  the  Vice  President,  if  such  number  be  a 
majority  of  the  whole  number  of  electors  appointed;  and  if  no 
person  have  a  majority,  then,  from  the  two  highest  numbers  on 
the  list  the  Senate  shall  choose  the  Vice  Presdent;  a  quorum 
for  the  purpose  shall  consist  of  two-thirds  of  the  whole  number 
of  Senators,  and  a  majority  of  the  whole  number  shall  be  neces- 
sary to  a  choice. 

5.  But  no  person  constitutionally  ineligible  to  the  office  of 
President  shall  be  eligible  to  that  of  Vice  President  of  the  Con- 
federate States. 

6.  The  Congress  may  determine  the  time  of  choosing  the 
electors,  and  the  day  on  which  they  shall  give  their  votes ;  which 
day  shall  be  the  same  throughout  the  Confederate  States. 

7.  No  person,  except  a  natural  born  citizen  of  the  Confede- 
rate States,  or  a  citizen  thereof  at  the  time  of  the  adoption  of 


1861.]         State  Convention.  21 

this  Constitution,  or  a  citizen  thereof  born  in  the  United  States 
prior  to  the  20th  of  December,  1860,  shall  be  eligible  to  the 
office  of  President ;  neither  shall  any  person  be  eligible  to  that 
office  who  shall  not  have  attained  the  age  of  thirty-five  years, 
and  been  fourteen  years  a  resident  within  the  limits  of  the  Con- 
federate States,  as  they  may  exist  at  the  time  of  his  election. 

8.  In  case  of  the  removal  of  the  President  from  office,  or  of 
his  death,  resignation,  or  inability  to  discharge  the  powers  and 
duties  of  the  said  office,  the  same  shall  devolve  on  the  Vice 
President ;  and  the  Congress  may,  by  law,  provide  for  the  case 
of  removal,  death,  resignation,  or  inability  both  of  the  Presi- 
dent and  Vice  President,  declaring  what  officer  shall  then  act 
as  President,  and  such  officer  shall  act  accordingly  until  the 
disability  be  removed  or  a  President  shall  be  elected. 

9.  The  President  shall,  at  stated  times,  receive  for  his  services 
a  compensation,  which  shall  neither  be  increased  nor  diminished 
during  the  period  for  which  he  shall  have  been  elected ;  and 
he  shall  not  receive  within  that  period  any  other  emolument 
from  the  Confederate  States,  or  any  of  them. 

10.  Before  he  enters  on  the  execution  of  his  office,  he  shall 
take  the  following  oath  or  affirmation : 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute 
the  office  of  the  President  of  the  Confederate  States,  and  will 
to  the  best  of  my  ability,  preserve,  protect,  and  defend  the 
Constitution  thereof." 

Section  2. 

1.  The  President  shall  be  commander-in-chief  of  the  army 
and  navy  of  Confederate  States,  and  of  the  militia  of  the  several 
States,  when  called  into  the  actual  service  of  the  Confederate 
States ;  he  may  require  the  opinion,  in  writing,  of  the  principal 
officer  in  each  of  the  Executive  Departments,  upon  any  subject 
relating  to  the  duties  of  their  respective  offices ;  and  he  shall  have 
power  to  grant  reprieves  and  pardons  for  offences  against  the 
Confederate  States,  except  in  cases  of  impeachment. 


22  State  Convention.  [June, 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  make  treaties,  provided  two-thirds  of  the  Sen- 
ators present  concur ;  and  he  shall  nominate,  and  by  and  with 
the  advice  and  consent  of  the  Senate,  shall  appoint  ambassadors, 
other  public  ministers  and  consuls,  Judges  of  the  Supreme  Court, 
and  all  other  officers  of  the  Confederate  States,  whose  appoint- 
ments are  not  herein  otherwise  provided  for,  and  which  shall  be 
established  by  law ;  but  the  Congress  may,  by  law,  vest  the 
appointment  of  such  inferior  officers,  as  they  think  proper,  in 
the  President  alone,  in  the  courts  of  law  or  in  the  heads  of 
Departments. 

3.  The  principal  officer  in  each  of  the  Executive  Departments, 
and  all  person?  connected  with  the  diplomatic  service,  may  be 
removed  from  office  at  the  pleasure  of  the  President.  All  other 
civil  officers  of  the  Executive  Department  may  be  removed  at 
any  time  by  the  President,  or  other  appointing  power,  when 
their  services  are  unnecessary,  or  for  dishonesty,  incapacity, 
inefficiency,  misconduct,  or  neglect  of  duty ;  and  when  so  remov* 
ed,  the  removal  shall  be  reported  to  the  Senate,  together  with 
the  reasons  therefor. 

4.  The  President  shall  have  power  to  fill  all  vacancies  that 
may  happen  during  the  recess  of  the  Senate,  by  granting  com- 
missions which  shall  expire  at  the  end  of  their  next  session ;  but 
no  person  rejected  by  the  Senate  shall  be  re-appointed  to  the 
same  office  during  their  ensuing  recess. 

Section  3. 

1.  The  President  shall,  from  time  to  time,  give  to  the  Con- 
gress information  of  the  state  of  the  Confederacy,  and  recom- 
mend to  their  consideration  such  measures  as  he  shall  judge 
necessary  and  expedient ;  he  may,  on  extraordinary  occasions, 
convene  both  houses,  or  either  of  them ;  and  in  case  of  disa- 
greement between  them,  with  respect  to  the  time  of  adjourn- 
ment, he  may  adjourn  them  to  such  time  as  he  shall  think  proper ; 
he  shall  receive  ambassadors  and  other  public  ministers;  he 
shall  take  care  that  the  laws  be  faithfully  executed,  and  shall 
commission  all  the  officers  of  the  Confederate  States. 


1861.]  State  Convention.  23 

Section  4. 

1.  The  President,  Vice  President,  and  all  civil  officers  of  the 
Confederate  States,  shall  be  removed  from  office  on  impeach- 
ment for,  and  conviction  of,  treason,  bribery,  or  other  high 
crimes  and  misdemeanors. 

ARTICLE  III. 

Section  1. 

1.  The  judicial  power  of  the  Confederate  States  shall  be 
vested  in  one  Supreme  Court,  and  in  such  Inferior  Courts  as 
the  Congress  may  from  time  to  time  ordain  and  establish.  The 
judges,  both  of  the  Supreme  and  Inferior  Courts,  shall  hold 
their  offices  during  good  behavior,  and  shall,  at  stated  times, 
receive  for  their  services  a  compensation,  which  shall  not  be 
diminished  during  their  continuance  in  office. 

Section  2. 

1.  The  judicial  power  shall  extend  to  all  cases  arising  under 
this  Constitution,  the  laws  of  the  Confederate  States,  and 
treaties  made  or  which  shall  be  made  under  their  authority;  to 
all  cases  affecting  ambassadors,  other  public  ministers  and  con- 
suls; to  all  cases  of  admiralty  and  maritime  jurisdiction;  to 
controversies  to  which  the  Confederate  States  shall  be  a  party 
to  controversies  between  two  or  more  States  ;  between  a  State ' 
and  citizen  of  another  State  where  the  State  is  plaintiff ;  between 
citizens  claiming  lands  under  grants  of  different  States ;  and 
between  a  State  or  the  citizens  thereof,  and  foreign  States,  citi- 
zens or  subjects ;  but  no  State  shall  be  sued  by  a  citizen  or 
subject  of  any  foreign  State. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers, 
and  consuls,  and  those  in  which  a  State  shall  be  a  party,  the 
Supreme  Court  shall  have  original  jurisdiction.  In  all  the  other 
cases  before  mentioned,  the  Supreme  Court  shall  have  appellate 
jurisdiction,  both  as  to  law  and  fact,  with  such  exceptions,  and 
under  such  regulations  as  the  Congress  shall  make. 


24  State  Convention.  [June, 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury,  and  such  trial  shall  be  held  in  the  State  where 
the  said  crimes  shall  have  been  committed ;  but  when  not  com- 
mitted within  any  State,  the  trial  shall  be  at  such  place  or  places 
as  the  Congress  may  by  law  have  directed. 

Section  3. 

1.  Treason  against  the  Confederate  States  shall  consist  only 
in,  levying  war  against  them,  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort.  No  person  shall  be  convicted  of 
treason  unless  on  the  testimony  of  two  witnesses  to  the  same 
overt  act  or  on  confession  in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment 
of  treason,  but  no  attainder  of  treason  shall  work  corruption  of 
blood,  or  forfeiture,  except  during  the  life  of  the  person  attainted. 

ARTICLE  IV. 

Section  1. 

1.  Full  faith  and  credit  shall  be  given  in  each  State  to  the 
public  acts,  records  and  judicial  proceedings  of  every  other 
State.  And  the  Congress  may,  by  general  laws,  prescribe  the 
manner  in  which  such  acts,  records  and  proceedings  shall  be 
proved,  and  the  effect  thereof. 

Section  2. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all  the  privi- 
leges and  immunities  of  citizens  in  the  several  States,  and  shall 
have  the  right  of  transit  and  sojourn  in  any  State  of  this  Con- 
federacy, with  their  slaves  and  other  property ;  and  the  right  of 
property  in  said  slaves  shall  not  be  thereby  impaired. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or 
other  crime  against  the  laws  of  such  a  State,  who  shall  flee  from 
justice,  and  be  found  in  another  State,  shall,  on  demand  of  the 
Executive  authority  of  the  State  from  which  he  fled,  be  delivered 
up,  to  be  removed  to  the  State  having  jurisdiction  of  the  crime. 


1861.]  State  Convention.  '25 

8.  No  slave  or  other  person  held  to  service  or  labor  in  any 
State  or  territory  of  the  Confederate  States  under  the  laws 
thereof,  escaping  or  lawfully  carried  into  another,  shall,  in  con- 
sequence of  any  law  or  regulation  therein,  be  discharged  from 
such  service  or  labor ;  but  shall  be  delivered  up  on  claim  of  the 
party  to  whom  such  slave  belongs,  or  to  whom  such  service  or 
labor  may  be  due. 

Section  3. 

1.  Other  States  may  be  admitted  into  this  Confederacy  by  a 
vote  of  two-thirds  of  the  whole  House  of  Representatives,  and 
two-thirds  of  the  Senate,  the  Senate  voting  by  States;  but  no 
new  State  shall  be  formed  or  erected  within  the  jurisdiction  of 
any  other  State ;  nor  any  State  be  formed  by  the  junction  of 
two  or  more  States,  or  parts  of  States,  without  the  consent  of 
the  Legislatures  of  the  States  concerned  as  well  as  of  the  Con- 
gress. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make 
all  needful  rules  and  regulations  concerning  the  property  of  the 
Confederate  States,  including  the  lands  thereof. 

3.  The  Confederate  States  may  acquire  new  territory ;  and 
Congress  shall  have  power  to  legislate  and  provide  government 
for  the  inhabitants  of  all  territory  belonging  to  the  Confederate 
States,  lying  without  the  limits  of  the  several  States ;  and  may 
permit  them,  at  such  times,  and  in  such  manner  as  it  may  by 
law  provide,  to  form  States  to  be  admitted  into  the  Confederacy. 
In  all  such  territory,  the  institution  of  negro  slavery  as  it  now 
exists  in  the  Confederate  States,  shall  be  recognized  and  pro- 
tected by  Congress,  and  by  the  territorial  government :  and  the 
inhabitants  of  the  several  Confederate  States  and  territories, 
shall  have  the  right  to  take  to  such  territory  any  slaves  law- 
fully held  by  them  in  any  of  the  States  or  territories  of  the 
Confederate  States. 

4.  The  Confederate  States  shall  guaranty  to  every  State  that 
now  is  or  hereafter  may  become  a  member  of  this  Confederacy, 
a  republican  form  of  government,   and  shall  protect  each  of 

4 


26  State  Convention.  [June, 

them  against  invasion ;  and  on  application  of  the  Legislature 
(or  of  the  Executive  when  the  Legislature  is  not  in  session) 
against  domestic  violence. 

ARTICLE  V. 

Section  1. 

1.  Upon  the  demand  of  any  three  States,  legally  assembled 
in  their  several  conventions,  the  Congress  shall  summon  a  con- 
vention of  all  the  States,  to  take  into  consideration  such  amend- 
ments to  the  Constitution  as  the  said  States  shall  concur  in  sug- 
gesting at  the  time  when  the  said  demand  is  made ;  and  should 
any  of  the  proposed  amendments  to  the  Constitution  be  agreed 
on  by  the  said  convention — voting  by  States — and  the  same  be 
ratified  by  the  legislatures  of  two-thirds  of  the  several  States,  or 
by  conventions  in  two-thirds  thereof — as  the  one  or  the  other 
mode  of  ratification  may  be  proposed  by  the  general  conven- 
tion— they  shall  from  thenceforward  form  a  part  of  this  consti- 
tute      But  no  State  shall,  without  its  consent,  be  deprived  of 

its  equal  representation  in  the  Senate. 

ARTICLE  VI. 

1.  The  Government  established  by  this  constitution  is  the 
successor  of  the  Provisional  Government  of  the  Confederate 
States  of  America,  and  all  the  laws  passed  by  the  latter  shall 
continue  in  force  until  the  same  shall  be  repealed  or  modified ; 
and  all  the  officers  appointed  by  the  same  shall  remain  in  office 
until  their  successors  are  appointed  and  qualified,  or  the  offices 
abolished. 

2.  All  debts  contracted  and  engagements  entered  into  before 
the  adoption  of  this  constitution  shall  be  as  valid  against  the 
Confederate  States  under  this  constitution  as  under  the  Pro- 
visional Government. 

3.  This  constitution,  and  the  laws  of  the  Confederate  States, 
made  in  pursuance  thereof,  and  all  treaties  made,  or  which  shall 
be  made  under  the  authority  of  the  Confederate  States,  shall 
be  the  supreme  law  of  the  land ;  and  the  judges  in  every  State 


1861.]  State  Convention.  27 

shall  be  bound  thereby,  anything  in  the  constitution  or  laws  of 
any  State  to  the  contrary  notwithstanding. 

4.  The  Senators  and  Representatives  before  mentioned,  and 
the  members  of  the  several  State  Legislatures,  and  all  execu- 
tive and  judicial  officers,  both  of  the  Confederate  States,  and 
of  the  several  States,  shall  be  bound  by  oath  or  affirmation,  to 
support  this  constitution;  but  no  religious  test  shall  ever  be 
required  as  a  qualification  to  any  office  or  public  trust  under  the 
Confederate  States. 

5.  The  enumeration,  in  the  Constitution,  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained  by 
the  people  of  the  several  States. 

6.  The  powers  not  delegated  to  the  Confederate  States  by 
the  Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved 
to  the  States,  respectively,  or  to  the  people  thereof. 

ARTICLE  VII. 

1.  The  ratification  of  the  convention  of  five  States  shall  be 
sufficient  for  the  establishment  of  this  Constitution  between  the 
States  so  ratifying  the  same. 

2.  When  five  States  shall  have  ratified  this  Constitution,  in 
the  manner  before  specified,  the  Congress  Under  the  Provisional 
Constitution,  shall  prescribe  the  time  for  holding  the  election  of 
President  and  Vice  President ;  and,  for  the  meeting  of  the 
Electoral  College ;  and,  for  counting  the  votes,  and  inaugurating 
the  President.  They  shall,  also,  prescribe  the  time  for  holding 
the  first  election  for  members  of  Congress  under  this  constitu- 
tion, and  the  time  for  assembling  the  same.  Until  the  assem- 
bling of  such  Congress,  the  Congress  under  the  Provisional 
Constitution  shall  continue  to  exercise  the  legislative  powers 
granted  them ;  not  extending  beyond  the  time  limited  by  the 
Constitution  of  the  Provisional  Government. 

Read  three  times  and  passed,  19th  of  June,  1861. 

W.  K  EDWARDS, 
Teste :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


28  State  Convention.  [June, 

[No.  12.] 
RESOLUTIONS. 

Resolved,  That  the  Comptroller  be  directed  to  lay  before  this 
Convention  a  tabular  statement  exhibiting  the  Public  taxes  paid 
into  the  Treasury  of  the  State  from  each  county,  for  the  five 
years  preceding  the  1st  day  of  [January,  1860,  distinguishing 
the  several  subjects  from  which  such  taxes  were  derived,  and 
the  amounts  received  from  each  subject  respectively,  in  each 
successive  year, 

Resolved,  That  the  Comptroller  be  and  he  is  hereby  author- 
ized to  employ  such  additional  clerical  force  as  may  be  neces- 
sary to  enable  him  to  furnish  the  foregoing  information  at  an 
early  period. 

Read  three  times  and  passed,  20th  day  of  June,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.    13.] 
AN  ORDINANCE  PROVIDING  FOR   COMPENSATION 
TO  SHERIFFS   FOR    HOLDING    ELECTIONS    FOR 
DELEGATES  TO  THIS  CONVENTION. 

Be  it  ordained,  dfc,  That  the  Sheriffs  of  the  several  counties 
in  this  State  are  entitled  to,  and  hereby  allowed  the  same  com- 
pensation for  holding  the  late  elections  for  delegates  to  this  Con- 
vention as  they  are  now  allowed  by  law  for  holding  elections  for 
members  of  the  General  Assembly,  and  the  Treasurer  be,  and 
he  is  hereby  directed  to  allow  the  same  to  the  Sheriffs  in  the 
settlement  of  their  accounts. 

Read  three  times  and  passed,  20th  June,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


1861.]         State  Convention.  20 

[No.  14.] 

AN  ORDINANCE  TO  AMEND  THE  4TH  SECTION  OF 
THE  4TH  ARTICLE  OF  THE  AMENDMENTS  TO 
THE  CONSTITUTION. 

Be  it  ordained  by  this  Convention  of  the  people,  and  it  is 
hereby  ordained  by  the  authority  of  the  same,  That  the  fourth 
section  of  the  fourth  article  of  the  amendments  to  the  Consti- 
tution, proposed  and  ratified  in  the  year  eighteen  hundred  and 
thirty-five,  be  amended  by  striking  out  the  word  United  and 
inserting  in  lieu  thereof  the  word  Confederate  before  the  word 
States. 

Read  three  times  and  passed,  20th  of  June,  1861. 

W.  N.  EDWARDS, 
Teste :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  15.] 

RESOLUTION  TOUCHING  THE    COMPENSATION  OF 
THE  PRINTERS  TO  THIS  CONVENTION. 

Resolved,  That  the  Secretary  of  State  be  and  he  is  hereby 
directed  to  make  settlement  with  the  Printers  to  this  Conven- 
tion under  the  same  laws  and  regulations  as  govern  his  settle- 
ments with  the  State  Printer. 

Read  three  times  and  passed,  20th  June,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


30  State  Convention.  [June, 

[No.  16.] 

AN  ORDINANCE  TO  RATIFY  THE  CONSTITUTION 
OF  THE  PROVISIONAL  GOVERNMENT  OF  THE 
CONFDERATE  STATES   OF  AMERICA. 

We,  the  'people  of  North  Carolina  in  Convention  assembled, 
do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained, 
That  the  State  of  North  Carolina  does  hereby  assent  to,  and 
ratify  the  Constitution  for  the  Provisional  Government  of  the 
Confederate  States  of  America,  adopted  at  Montgo :/.<  In  the 
State  of  Alabama,  on' the  8th  day  of  February,  A.  L».,  1861, 
by  the  Convention  of  Delegates  from  the  States  of  South  Car- 
olina, Georgia,  Florida,  Alabama,  Mississippi  and  Louisiana, 
and  that  North  Carolina  will  enter  into  the  federal  association 
of  the  States  upon  the  terms  therein  proposed  when  admitted 
by  the  Congress  or  any  competent  authority  of  the  Confederate 
States. 

Done  at  Raleigh  the  twentieth  day  of  May,  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  sixty-one. 

Read  three  times  and  passed,  20th  of  June,  1861. 

W.  N.  EDWARDS, 
Teste:  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  17.] 

A  RESOLUTION  TO  RAISE  AN  ADDITIONAL   BAT- 
TALION OF  CAVALRY. 

Resolved,  That  in  addition  to  the  Regiment  of  Cavalry  at 
present  authorized  to  be  formed  for  service  during  the  war,  the 
Governor  be  authorized  to  receive  such  other  companies  as  have 
tendered  or  may  hereafter  tender  their  services  for  the  same 


1861.]  State  Convention.  31 

period,  not  exceeding  five  troops  or  a  half  Regiment  and  that 
they  be  officered  in  like  manner  as  the  said  Regiment  of  Cavalry 
herein  referee!  to. 

Read  three  times  and  passed,  21st  of  June,  1861. 

W.  N.  EDWARDS, 
Teste :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  18.] 
RESOLUTION. 

Resolved,  That  the  President  of  this  Convention  issue  a  Writ 
to  the  Sheriff  of  Bladen  county,  instructing  him  to  hold  an 
election  in  said  county  on  the  first  Thursday  in  August  next, 
for  the  purpose  of  electing  a  delegate  to  fill  a  vacancy  in  this 
Convention  caused  by  the  resignation  of  T.  D.  McDowell,  Esq. 
Read  three  times  and  passed,  21st  June,  1861. 

W.  N.  EDWARDS, 
Teste:  Pi  est.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  19.] 

RESOLUTION  AUTHORIZING  THE  RAISING  OF  RE- 
CRUITS FOR  THE  1ST  REGIMENT  OF  NORTH 
CAH        NA  VOLUNTEERS. 

Resolved,  That  the  Governor  be,  and  he  is  hereby  authorized 
and  directed  to  receive  into  service,  and  to  arm  and  equip,  on 
application  of  the  recruiting  officers  appointed  by  the  Colonel 
of  the   1st   Regiment   of  North  Carolina  Volunteers,  all  such 


32  State  Convention.  [June, 

Volunteers  as  the  said  recruiting  officers  may  obtain  for  their 
respective  companies ;  the  said  recruits  to  be  received  and  sworn 
in*for  the  same  length  of  time  and  subject  to  the  same  regula- 
tions as  the  original  privates  in  the  respective  companies  for 
which  they  are  recruited  are  now  bound  for. 
Read  three  times  and  passed,  22d  June,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 

L.  C.  Edwards,  Assistant  Secretary. 


[No.  20.] 
AN  ORDINANCE  IN  RELATION  TO  A  STATE  FLAG. 

Be  it  ordained  by  this  Convention,  and  it  is  hereby  ordained 
by  the  authority  of  the  same,  That  the  Flag  of  North  Carolina 
shall  consist  of  a  red  field  with  a  white  star  in  the  centre,  and 
with  the  inscription,  above  the  star,  in  a  semi-circular  form,  of 
"May  20th,  1775,"  and  below  the  star,  in  a  semi-circular  form, 
"May  20th,  1861."  That  there  shall  be  two  bars  of  equal 
width,  and  the  length  of  the  field  shall  be  equal  to  the  bar,  the 
width  of  the  field  being  equal  to  both  bars :  the  first  bar  shall 
be  blue,  and  the  second  be  white ;  and  the  length  of  the  Flag 
shall  be  one-third  more  than  its  width. 

Read  three  times  and  passed,  June  22d,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary, 


1861.]  State  Convention.  33 

[No.  21.] 
RESOLUTION     IN    RELATION    TO    THE     DEPOSIT 
AND   PUBLICATION   OF    THE    ORDINANCES    OF 
THE  CONVENTION. 

Resolved,  That  the  Secretary  of  this  Convention  deposit  in 
the  office  of  the  Secretary  of  State,  for  safe  keeping,  all  the 
Ordinances  and  Resolutions  passed  by  the  Convention  having 
the  force  and  effect  of  laws ;  and  the  Secretary  of  the  State 
shall  cause  the  same  to  be  published  in  three  newspapers  .pub- 
lished in  the  City  of  Raleigh ;  and  he  is  authorized  to  contract 
for  said  publication  at  reasonable  rates ;  the  expense  thereof 
shall  be  paid  as  other  public  printing :  and  it  shall  be  sufficient 
for  him  to  furnish  one  certified  copy  only  (for  which  he  shall  be 
paid  the  same  fee  as  for  certifying  the  acts  of  the  General 
Assembly,)  to  one  of  the  newspapers,  and  a  printed  copy  to  the 
others.  ,  . 

Read  three  times  and  passed,  24th  June-,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
iL.  C.  Edwards,  Assistant  Secretary. 


[No.  22.] 
AN  ORDINANCE  IN  RELATION  TO  TAXATION. 

Section  1.  Be  it  ordained,  That  the  third  section  of  the 
fourth  article  of  the  amendments  of  the  Constitution  be  and  the 
same  is  hereby  annulled. 

Sec.  2.  Be  it  further  ordained,  That  all  free  males  over  the 
age  of  twenty-one  years  and  under  the  age  of  forty-five  years, 
shall  be  subject  to  a  capitation  tax,  not  less  than  the  tax  laid 
on  land  of  the  value  of  three  hundred  dollars,  and  no  other  free 
person  nor  slave  shall  be  liable  to  such  taxation ;  and  also  land 
and  slaves  shall  be  taxed  according  to  their  value,  and  the  tax 

5 


34  State  Convention.  [June, 

on  slaves  shall  be  as  much  but  not  more  than  that  on  land 
according  to  their  respective  values ;  but  the  tax  on  slaves  may 
be  laid  on  their  general  average  value  in  the  State,  or  on  their 
value  in  classes  in_ respect  to  age,  sex,  and  other  distinctive  pro- 
perties, in  the  discretion  of  the  General  Assembly,  and  the 
value  be  assessed  in  such  modes  as  may  be  prescribed  by  law  : 
Provided,  That  nothing  herein  contained  shall  prevent  the 
exemption  from  taxation  of  soldiers  in  the  public  service,  or  of 
free  males  or  slaves,  in  cases  of  bodily  or  mental  infirmity,  or 
of  such  real  estate  as  hath  hitherto  been  exempted  by  law. 
Read  three  times  and  passed,  25th  June,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  23.] 

AN  ORDINANCE  TO  PROVIDE  FOR  THE  PAYMENT 
OF  THE  MILITIA  WHILE  IN  ACTIVE  SERVICE. 

Be  it  ordained  by  the  Delegates  of  the  people  in  Convention 
assembled  and  it  is  hereby  ordained  by  the  authority  of  the 
same.  That  the  Militia  who  have  been  or  may  be  called  into 
the  service  of  the  State  by  the  Governor,  shall,  while  in  actual 
service,  receive  the  pay  allowed  by  law  to  volunteers. 
Read  three  times  and  passed,  June  26th,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary, 


1861.]  State  Convention.  35 

[No.  24.] 
RESOLUTION  IN  FAVOR  OF  THE  DOOR  KEEPERS. 

Resolved,  That  the  Public  Treasurer  be  and  he  is  authorized 
to  pay  the  Principal  and  Assistant  Door  keepers  of  this  Con- 
vention the  sum  of  fifty  dollars  each,  as  extra  compensation  for 
the  hire  of  servants. 

Read  three  times  and  passed,  26th  of  June,  1861. 

W.  N.  EDWARDS, 
Teste :  Prest.  of  Convention.  . 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  25.] 
RESOLUTION. 

Resolution,  That  the  President  of  this  Convention,  or  in  case 
of  his  death,  any  one  of  the  five  delegates  authorized  in  that 
event  to  call  a  session  of  the  Convention  ^  be,  and  he  is  hereby  au- 
thorized and  empowered,  during  the  reCess  thereof,  to  receive  the 
resignation  of  delegates,  and  to  issue  writs  of  election  to  supply 
vacancies  thus  created  in  such  manner  and  at  such  times  as  to 
him  shall  seem  meet ;  and  in  like  manner  to  issue  writs  of  elec- 
tions in  case  of  the  death  of  any  member  of  the  Convention, 
in  the  recess,  the  Sheriff  of  the  County  certifying  the  death  of 
the  member. 

W.  N.  EDWARDS, 
Teste:  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 

L.  C.  Edwards,  Assistant  Secretary. 


36  State  Convention.  [June, 

[No.  26.] 
RESOLUTION. 

Resolved,  That  the  Governor  be  requested  to  communicate 
to  the  Convention,  at  as  early  a  day  as  practicable,  a  list  of 
the  appointments  to  office  made  by  him  since  the  third  Monday 
of  November,  1860 ;  whether  by  and  with  the  advice  and  con- 
sent of  the  Military  board  or  otherwise ;  the  dates  of  such  ap- 
pointments, and  under  what  laws  made  ;  the  manner,  pay  and 
rank  of  each  officer,  and  also  what  appointments  it  will  be  in- 
cumbent on  the  Executive  to  make  under  laws  of  the  General 
Assembly  passed  at  the  last  regular  and  special  session. 

Resolved,  That  if  necessary,  the  Governor  may  employ  such 
additional  clerical  force  as  may  bo  necessary  to  furnish  said  in- 
formation. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 

L.  C.  Edwards,  Assistant  Secretary. 


[No.  27.] 
RESOLUTION. 

Resolved,  That  the  Volunteers  and  State  troops  tendered, 
accepted  and  employed  in  the  public  service,  at  any  time  prior 
to  the  15th  August,  1861,  shall  be  exempt  from  the  payment 
of  free  poll  taxes  for  which  they  are  now  responsible,  and  shall 
not  be  compelled  to  list  a  taxable  free  white  poll  for  this  year ; 
and  the  Sheriffs  shall  be  allowed  the  amount  of  such  exemptions 
in  the  settlement  of  their  respective  public  accounts,  by  filing 
with  the  Clerk  of  the  County  Court  a  list,  under  oath,  of  the 
names  of  such  volunteers  and  State  troops,  and  it  shall  be  the 
duty  of  the  clerks  of  the  several  county  Courts  to  certify  to 


1861.]  State  Convention.  37 

the  comptroller,  under  their  seal  of  office,  the  list  of  polls  so 
filed  with  them. 

Read  three  times  and  passed,  26th  of  June,  1861. 

W.  N.  EDWARDS, 
Teste:  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  28.] 
RESOLUTION. 

Resolved,  That  the  resolution  heretofore  passed,  providing 
for  a  recess  of  this  Convention  this  evening  at  7  o'clock,  be, 
and  the  same  is  hereby  rescinded,  and  that  this  Convention  will 
adjourn  on  Friday  next  at  2  o'clock,  p.  m.,  and  will  meet  again 
on  the  3d  Monday  in  November  next,  unless  sooner  convened 
by  the  President,  or  by  Thomas  Ruffin,  of  Alamance,  William 
A.  Graham,  of  Orange,  Bedford  Brown,  of  Caswell,  James  W. 
Osborne,  of  Mecklenburg,  and  Asa  Biggs,  of  Martin,  members 
of  the  Convention,  or  any  three  of  them,  in  case  of  his  death. 
Read  three  times  and  passed,  26th  of  June,  1861. 

W.  N.  EDWARDS, 
Teste:  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  29.] 
AN  ORDINANCE  TO  CEDE  TO  THE  CONFEDERATE 
STATES,  THE  PROPERTY  IN  AND  JURISDICTION 
OVER  THE  FORTS,  LIGHT  HOUSES,  BEACONS, 
MARINE  HOSPITALS  AND  MINT  IN  NORTH 
CAROLINA. 

Sec.  1.  Be  it  ordained  by  the  delegates  of  the  people  of  North 
Carolina  in  Convention  assembled,  That  the  property  in  all  tracts 


38  State  Convention.  [June, 

or  parcels  of  land,  lately  held  by  the  United  States  within  the 
limits  of  North  Carolina,  on  which  were  erected  any  fortifica- 
tion, Light  Houses,  Beacons  or  Marine  Hospitals,  and  also  the 
lot  in  the  town  of  Charlotte,  in  the  county  of  Mecklenburg,  on 
which  is  situated  the  buildings  of  the  Mint,  be  and  the  same  are1 
hereby  granted  to,  and  vested  in  the  Confederate  States  of 
America,  for  the  like  objects,  uses,  and  purposes,  for  which  they 
were  formerly  held  by  the  said  United  States,  to  have  and  to 
hold  the  same  to  the  said  Confederate  States  so  long  as  they 
shall  severally  be  devoted  and  applied  to  such  objects,  uses  and 
purposes,  and  no  longer. 

Sec.  2.  Be  it  further  ordained  by  the  authority  aforesaid, 
That  all  armaments,  furniture  and  machinery  at  or  in  any  of 
such  Fortifications,  Light  Houses,  Beacons,  Marine  Hospitals, 
or  Mint,  are  hereby  granted  to,  and  vested  in  the  said  Confede- 
rate States,  for  the  objects,  uses,  and  upon  the  conditions  afore- 
said. 

Sec.  3.  Be  it  further  ordained,  That  the  jurisdiction  of  the 
State  of  North  Carolina,  over  each  and  all  of  said  tracts  or 
parcels  of  land,  and  the  buildings  situate  thereon,  is  hereby 
granted  to  the  said  Confederate  States  of  America,  excepting 
and  reserving  to  this  State  the  power  to  execute  within,  and  upon 
the  same,  civil  process  in  all  cases,  and  such  criminal  process  as 
may  issue  under  her  authority  against  persons  charged  with 
offences  committed  without  the  limits  of  said  tracts  or  parcels  of 
land  such  jurisdiction  to  be  retained  by  the  said  Confederate 
States,  so  long  as  the  said  tracts  or  parcels  of  land  shall  be 
used  for  the  purposes  hereinbefore  expressed,  and  no  longer. 

Read  three  times  and  passed,  27th  June,  1861. 

W.  N.  EDWARDS, 
Teste:  Pi  est.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


1861.]  State  Convention. 

[No.  30.] 
AN  ORDINANCE  TO  PROVIDE  FOR  THE  DISPOSI- 
TION OF  THE  STATE  TROOPS  AND  VOLUNTEERS 
RAISED  UNDER  THE  ACTS  OF  THE  GENERAL 
ASSEMBLY,  RESPECTIVELY,  ENTITLED,  "AN 
ACT  TO  RAISE  TEN  THOUSAND  STATE  TROOPS," 
RATIFIED  THE  8th  DAY  OF  MAY,  AND  "AN 
ACT  TO  PROVIDE  FOR  THE  PUBLIC  DEFENCE," 
RATIFIED  THE  10th  DAY  OF  MAY,  1861,  AND 
FOR  OTHER  PURPOSES. 

1.  Be  it  ordained  by  the  Delegates  of  the  people  of  North 
Carolina  in  Convention  assembled,  That  the  State  troops  levied 
under  the  act  of  the  General  Assembly,  first  aforesaid,  which 
have  been  formed  into  regiments,  with  proper  complements  of 
officers  and  men,  be,  and  the  same  are  hereby  transferred,  by 
regiments,  to  the  Confederate  States  of  America,  upon  the  same 
terms  and  conditions  as  if  they  had  been  raised  under  the 
authority  of  the  said  Confederate  States. 

2.  Be  it  further  ordained  by  the  authority  aforesaid,  That 
all  levying  and  recruiting  of  troops  under  said  act  shall  cease 
and  determine  from  and  after  the  20th  day  of  August  next ; 
and  that  all  troops  which  shall  have  been  raised  under  said  act 
prior  to  that  day,  shall  be  organized  into  regiments  and  trans- 
ferred to  the  Confederate  States  in  the  manner  and  upon  the 
terms  and  conditions  aforesaid.  And  if  there  shall  be  an  excess 
in  the  number  of  said  troops,  sufficient  to  form  a  battalion,  com- 
panies or  company,  such  excess  may  be  organized  according  to 
its  appropriate  numbers,  and  transferred  in  like  manner. 

3.  Be  it  further  ordained,  That  all  appointments  of  officers 
under  said  act,  either  in  the  line  or  in  the  staff,  over  and  above 
the  number  appropriate  to  and  required  by  the  regiments,  bat- 
talions and  companies  thus  organized,  shall  cease  and  be  vacated 
on  the  said  20th  day  of  August  next ;  and  that  His  Excellency, 
the  Governor,  may,  in  his  discretion,  order  any  Quartermaster, 
Commissary  or  Medical  stores,  owned  by  the  State,  and  not 


40  State  Convention.  [June, 

required  for  immediate  use,  to  be  turned  over  to  the  said  Con- 
federate States  upon  proper  receipts  for  the  articles  thus  deliv- 
ered, to  be  taken  by  the  officers  accountable  for  the  same. 

4.  Be  it  further  ordained,  That  all  commissions  to  officers  in 
the  aforesaid  State  troops,  issued  by  the  Governor  and  Military 
Board,  under  the  authority  of  the  act  of  the  General  Assembly 
to  create  a  Military  Board,  ratified  the  10th  day  of  May,  1861, 
who  shall  remain  in  service  after  the  20th  day  of  August  next ; 
as  aforesaid,  are  hereby  ratified  and  confirmed,  notwithstanding 
any  provision  in  the  Constitution  of  the  State  for  a  different 
mode  of  appointment. 

5.  Be  it  further  ordained,  That  the  naval  forces  and  vessels 
of  the  State  be  transferred  to  the  Confederate  States,  upon  the 
same  terms  and  conditions  that  are  provided  as  to  State  troops, 
in  the  second  section  of  this  ordinance,  the  said  vessels  to  be 
paid  for  or  accounted  for  upon  terms  to  be  agreed  upon  by 
the  Governor  with  the  Confederate  States ;  and  that  after  the 
20th  day  of  August  next,  all  naval  officers  of  this  State  shall  be 
discharged,  and  all  vessels  of  the  navy  not  accepted  by  the 
Confederate  States,  shall  be  sold  under  the  direction  of  the 
Governor.  And  whereas,  the  President  of  the  Confederate 
States,  through  a  communication  from  the  Secretary  of  War, 
has  informed  this  Convention  that  he  will  accept  from  this  State 
into  the  service  of  the  Confederate  States,  two  thousand  volun- 
teers for  twelve  months,  in  addition  to  the  four  regiments 
already  in  service,  and  cannot  accept  any  greater  number  of  vol- 
unteers for  twelve  months. 

6.  Be  it  therefore  ordained  by  the  authority  aforesaid,  That  all 
volunteers  who  have  been  called  out  by  the  order  of  the  Gov- 
ernor for  twelve  months,  over  and  above  the  four  regiments 
aforesaid  and  two  thousand  men,  to  be  designated  by  the  Gov- 
ernor, and  tendered  to  the  President  for  service  as  aforesaid, 
shall  be  discharged  on  the  20th  of  August  next ;  Provided, 
That  any  of  said  volunteers  who  shall  signify  their  desire  to  en- 
list in  the  State  troops  aforesaid  or  in  any  corps  that  may  be 
called  for  by  the  President  in  the  mean  time,  shall  be  discharge 


1861.]  State  Convention.  41 

ed  forthwith,  to  the  end  that  they  may  enter  such  new  service ; 
and  Provided  further,  That  the  Governor  shall  again  tender 
such  volunteers  by  regiments  to  the  President  of  the  Confed- 
erate States,  and  if  the  President  shall  agree  to  accept  them  or 
any  part  of  them  by,  or  before  the  20th  day  of  August  next, 
it  shall  be  the  duty  of  the  Governor  to  order  them,  or  as  many 
of  them  as  the  President  shall  accept,  into  the  service  of  the 
Confederate  States,  and  discharge  only  the  residue.  Provided, 
further,  That  any  volunteers  discharged  as  aforesaid  shall,  in 
addition  to  their  pay,  be  allowed  reasonable  expenses  for  travel- 
ing to  their  several  homes  ;  and  Provided,  further,  That  the 
Governor  may  order  out  the  Militia  as  volunteers  or  otherwise, 
in  case  of  invasion  or  imminent  danger  thereof. 

7.  Be  it  further  ordained,  That  all  provisions  of  the  afore- 
said acts  of  the  Assembly,  authorizing  the  raising  of  a  greater 
number  of  men,  or  of  a  different  species  of  force  than  is  here- 
inbefore comprehended,  or  as  are  otherwise  inconsistent  with 
this  Ordinance,  are  hereby  repealed  and  declared  of  no  effect. 

8.  Be  it  further  ordained,  That  the  act  of  the  General  As- 
sembly entitled  "  an  act  to  create  a  Military  Board,"  be,  and 
the  same  is  hereby  repealed  from  and  after  the  20th  day  of 
August  next ;  Provided,  That  the  office  of  Military  Secretary 
shall  be  continued  until  the  20th  day  of  September  next,  for 
the  purpose  of  settling  the  Military  accounts. 

9.  Be  it  further  ordained,  That  no  oath  shall  be  required  to  be 
taken  by  the  officers  or  soldiers  of  any  of  the  forces  aforesaid,  ex- 
cept the  oath  of  allegiance  to  the  State  of  North  Carolina,  prior  to 
their  being  mustered  into  the  service  of  the  Confederate  States ; 
but  each  man  shall  be  held  and  deemed  to  be  in  the  military 
service  and  subject  to  the  rules  and  articles  of  war  of  the  Con- 
federate States  from  the  time  of  his  signing  the  articles  of  en- 
listment. 

10.  Be  it  further  ordained,  That  it  shall  be  the  duty  of  the 
Governor  to  take  immediate  measures,  and  issue  the  necessary 
orders  to  carry  into  effect  the  foregoing  provisions  of  this  ordi- 
nance. 

6 


42  State  Convention.  [June, 

Sec.  11.  Be  it  further  ordained,  That  this  ordinance  maybe 
amended,  modified  or  repealed  by  the  General  Assembly,  so  far 
as  regards  the  discharge  of  the  twelve  months  volunteers  which 
may  not  have  been  accepted  by  the  Government  of  the  Confed- 
erate States. 

Read  three  times  and  passed,  27th  of  June,  1861. 

W.  N.  EDWARDS, 
Teste :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.    31.] 

AN  ORDINANCE  TO  SECURE  TO  CERTAIN  OFFICERS 
AND  SOLDIERS  THE  RIGHT  TO  VOTE. 

Section.  1.  Be  it  ordained  by  this  Convention  and  it  is  here- 
by ordained  by  authority  of  the  same,  That  all  officers  and  sol- 
diers in  the  service  of  the  State,  or  of  the  Confederate  States, 
who  are  of  the  age  of  twenty-one  years,  and  who  are  citizens 
of  this  State,  or  who,  if  within  the  State,  shall  be  absent  from 
their  respective  counties  at  elections  hereafter  to  be  held,  if  the 
exigencies  of  the  times  shall  permit,  shall  be  entitled  to  vote  for 
Sheriffs,  Clerks  of  the  County  and  Superior  Courts,  and  mem- 
bers of  the  General  Assembly  for  their  respective  counties  ;  and 
shall  also  be  entitled  to  vote  for  Governor,  Electors,  for  Presi- 
dent and  Vice-President  of  the  Confederate  States,  and  for 
members  of  the  Confederate  Congress  for  their  respective  dis- 
tricts. 

Sec.  2.  Be  it  further  ordained,  That  three  free-holders  of 
the  respective  companies,  under  the  direction  of  the  command- 
ing officers  of  the  regiments  to  which  they  belong,  shall  open 
polls  on  Thursday  before  the  day  appointed  for  holding  elec- 
tions in  this  State,  and  said  elections  shall  be  conducted  in  all 
respects  according  to  the  laws  of  this  State.     The    three   free- 


1861.]         State  Convention.  43 

holders  aforesaid  shall  prepare  a  fair  copy  of  the  votes  polled , 
and  shall  transmit  the  same  with  the  list  of  voters  to  the  Sher- 
iffs of  their  respective  counties ;  and  where  officers  and  soldiers 
in  the  same  companies  shall  vote  in  different  counties  or  differ- 
ent Congressional  districts,  the  said  free-holders  shall  specify- 
accordingly,  and  make  returns  to  the  Sheriffs  of  the  different 
counties  above  referred  to. 

Sec.  8.  Be  it  further  ordained,  That  the  Sheriffs  of  the  re- 
spective counties  of  this  State  shall  count  the  votes  of  the  said 
officers  and  soldiers,  if  received  within  seven  days  after  the 
elections  ;  and  they  shall  not  declare  the  result  of  the  said 
election  until  the  seven  days  above  mentioned  shall  have  ex- 
pired. 

Sec.  4.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  force  from  and  after  the  day  of  its  ratification  ;  Provided, 
This  ordinance  shall  be  in  force  during  the  existence  of  the 
present  war  with  the  United  States  and  no  longer. 

Read  three  times  and  passed,  25th  of  June,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  SL.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


[No.  32.] 
RESOLUTION. 

Ordered,  That  the  Secretary  cause  five  hundred  copies  of  all 
the  Ordinances  and  Resolutions  having  the  force  of  laws  adopted 
at  this  session,  to  be  printed  in  pamphlet  form ;  the  said  ordi- 
nances and  resolutions  to  be  inserted  in  the  order  of  their  dates, 
and  in  the  form  in  which  they  stand  enrolled :  Two  copies  of 
the  same  to  be  distributed  to  each  member  of  the  Convention, 
one  to  each  of  the  officers ;  twenty-five  to  be  deposited  in  the 
office  of  the   Secretary  of  State ;  ten  to  be  delivered   to  the 


44  State  Convention.  [June, 

Clerk  of  the  Supreme  Court  for  the  use  of  the  Court ;  one  to 
each  of  the  Superior  Court  Judges  and  solicitors ;  the  residue 
to  be  retained,  subject  to  further  order. 

Read  three  times  and  passed,  June  27th,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary, 


[No.  33.] 
RESOLUTION. 

Resolved,  That  His  Excellency,  the  Governor,  be  requested, 
and  the  Treasurer  be  directed,  to  execute  and  deliver  to  the 
Wilmington,  Charlotte  and  Rutherford  Railroad  Company,  the 
amount  of  coupon  State  bonds  to  which  the  said  corporation 
•was  entitled  on  the  1st  day  of  April  last,  for  work  before  that 
time  accomplished :  Provided,  The  same  shall  be  accepted  by 
the  said  corporation  at  their  par  value :  Provided,  This  resolu- 
tion shall  not  be  construed  to  authorize  or  direct  the  Governor 
and  Treasurer  to  issue  any  other  State  bonds  to  any  other  cor- 
poration in  this  State,  unless,  in  his  judgment,  he  may  consider 
it  his  duty  to  do  so  under  the  requirements  of  law. 

Read  three  times  and  passed,  28th  June,  1861. 

W.  N.  EDWARDS, 
Teste  :  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


1861.]  State  Convention.  45 

[No.  34.] 

AN    ORDINANCE    TO    PROVIDE    THE    WAYS    AND 
MEANS  FOR  THE  DEFENCE  OF  THE  STATE. 

Sec.  1.  Be  it  ordained,  £c,  That  the  sum  of  three  millions 
two  hundred  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  be,  and  the  same  is  hereby  appropriated  to  meet  the 
demands  on  the  Public  Treasury  for  the  next  ensuing  two  years, 
which  sum  shall  be  raised  and  provided  for  in  the  way  and  man- 
ner following : 

Sec.  2.  Be  it  further  ordained,  That  the  Public  Treasurer 
is  hereby  authorized  and  required  to  have  suitably  prepared, 
and  to  issue  Treasury  notes,  payable  to  bearer  upon  the  faith 
and  credit  of  the  State,  to  the  amount  of  two  hundred  thousand 
dollars,  of  the  various  denominations  of  ten,  twenty-five  and 
fifty  cents,  in  the  following  proportions,  to  wit :  forty  thousand 
dollars  in  notes  or  bills  of  ten  cents,  sixty  thousand  dollars  in 
bills  or  notes  of  twenty-five  cents,  and  one  hundred  thousand 
dollars  in  notes  or  bills  of  fifty  cents,  which  said  notes  shall  be 
receivable  in  payment  of  public  dues :  shall  bear  no  interest ; 
shall  be  made  payable  to  bearer,  and  be  signed  by  the  public 
Treasurer,  or  by  some  person  to  be  by  him  duly  authorized  and 
appointed  to  sign  the  same,  and  who  shall  receive  a  reasonable 
compensation  for  such  service,  to  be  paid  out  of  the  Public 
Treasury,  and  shall  be  redeemable  on  or  before  the  first  day  of 
January,  1866.  Provided,  however,  That  no  such  notes  shall 
be  issued  before  the  first  day  of  March  next,  and  that  the  Gen- 
eral Assembly  may  make  provision  for  the  redemption  of  said 
notes  before  the  time  specified,  or  may  extend  the  time  of  re- 
demption, as  in  their  judgment  the  public  may  require.  The 
public  Treasurer  and  Comptroller  shall  each  provide  a  book  in 
which  shall  be  kept  an  accurate  account  of  all  the  notes  of  the 
various  denominations  paid  out  under  the  provisions  of  this  ordi- 
nance, and  also  an  accurate  account  of  all  sums  returned  to  the 
Treasury :  which  books  shall  at  all  times  be  open  to  the  inspec- 
tion of  the  General  Assembly,  and  for  the  keeping  of  such 


46  State  Convention.  [June, 

books,  they  may,  if  absolutely  necessary,  be  allowed  to  employ 
some  suitable  person  to  act  as  clerk. 

Sec.  3.  Be  it  further  ordained.  That  the  public  Treasurer 
of  the  State  be,  and  he  is  hereby  authorized  and  directed  to 
negotiate  a  loan  or  loans,  with  the  several  banks  of  this  State, 
or  with  private  individuals,  in  such  sums  and  at  such  times  as  he 
may  deem  necessary  and  proper,  to  an  amount  not  exceeding, 
in  the  aggregate,  the  sum  of  three  millions  of  dollars,  including 
the  amount  already  borrowed  of  the  banks  of  this  State,  under 
the  provisions  of  an  act  passed  at  the  last  session  of  the  Gen- 
eral Assembly,  entitled  "  An  act  to  provide  ways  and  means 
for  the  public  defence" — for  which  the  said  public  Treasury  shall 
issue  the  bonds  of  the  State  bearing  six  per  cent,  interest,  and 
payable  twelve  months  after  the  date  thereof ;  and  should  the 
public  Treasury  not  be  prepared  to  pay  the  same  at  maturity, 
he  is  hereby  authorized  to  renew  the  same  on  such  terms  and 
for  such  times  as  he  may  think  proper,  or  to  negotiate  new  loans 
in  lieu  thereof,  and  he,  the  public  Treasurer,  shall  keep  a  true 
and  accurate  account  of  all  such  loans,  and  make  report  there- 
of to  the  General  Assembly  from  time  to  time. 

Sec.  4.  Be  it  further  ordained.  That  those  banks  in  this 
State  who  shall  loan  to  the  State  their  pro  rata  amount  of  the< 
sum  hereby  authorized  to  be  borrowed  of  them,  whose  charters 
forbid  their  issuing  bills  of  a  less  denomination  than  five  dollars, 
be,  and  they  are  hereby  authorized  to  issue  bills  of  the  denomi- 
nations of  one  dollar,  two  dollars,  and  two  dollars  and  a  half, 
to  the  extent  of  five  per  cent,  of  their  capital  stock  actually 
paid  in,  Provided,  That  the  same  shall  not  be  construed  to  au- 
thorize the  said  banks  to  issue  an  aggregate  amount  of  circula- 
tion greater  than  that  now  authorized  by  their  charter.  This 
authority  hereby  granted  to  issue  bills  of  the  denominations  of 
one  dollar,  two  dollars,  and  two  dollars  and  a  half  shall  cease 
whenever  the  General  Assembly  shall  provide  and  direct,  upon 
the  payment  to  the  banks,  the  principal  and  interest  of  the  sums 
borrowed  of  them  under  the  provisions  of  this  ordinance. 

Sec.  5.  Be  it  further  ordained,  That  no  bank  of  this  State 
shall  be  required  to  resume  specie  payments,  whilst  any  portion 


1861.]  State  Convention.  47 

of  the  amounts  herein  authorized  to  be  borrowed  from  such 
banks  shall  remain  unpaid. 

Sec.  6.  Be  it  further  ordained,  That  if  any  person  shall 
falsely  make,  forge  or  counterfeit,  or  cause  the  same  to  be  done, 
or  willingly  aid  or  assist  therein,  any  Treasury  note  in  imitation 
of,  or  purporting  to  be  a  Treasury  note  or  bond  issued  by  au- 
thority of  this  act,  with  the  intent  to  defraud  the  State,  or  cor- 
porations or  other  persons ;  the  person  so  offending  shall  be 
deemed  guilty  of  felony,  and  on  conviction  thereof  in  the  Supe- 
rior Court,  he  shall  be  adjudged  to  stand  in  the  pillory  one  hour 
and  receive  thirty-nine  lashes  on  his  bare  back,  and  be  impris- 
oned not  less  than  six  months,  nor  more  than  three  years,  and 
fined  at  the  discretion  of  the  court,  and  all  or  any  of  such  pun- 
ishments may,  at  the  discretion  of  the  court,  be  inflicted. 

Sec.  7.  Be  it  further  ordained,  That  if  any  person,  either 
directly  or  indirectly,  whether  for  the  sake  of  gain,  or  with 
intent  to  defraud  or  injure  any  other  person,  shall  utter  or  pub- 
lish any  false,  forged,  or  counterfeit  notes  as  mentioned  in  the 
preceding  section,  or  shall  pass  or  deliver,  or  attempt  to  pass 
or  deliver,  the  same,  to  another  person,  knowing  the  same  to  be 
falsely  forged  or  counterfeited,  the  person  so  offending  shall, 
on  conviction  thereof  in  the  Superior  Court,  be  punished  in  like 
manner  as  is  provided  in  the  preceding  section  of  this  ordinance. 

Sec.  8.  Be  it  further  ordained,  That  this  ordinance,  or  any 
portion  of  it,  may  hereafter  be  altered,  modified  or  repealed  by 
the  General  Assembly,  provided  nothing  contained  in  this  section 
shall  be  construed  to  divest  any  rights  accruing  to  the  banks  or 
other  parties  without  their  consent. 

Sec.  9.  Be  it  further  ordained,  That  the  act  passed  at  the 
late  session  of  the  General  Assembly  entitled  "  An  act  to  provide 
ways  and  means  for  the  public  defence,"  ratified  the  11th  day 
of  May,  1861,  be,  and  the  same  is  hereby  abrogated  and  annulled. 

Bead  three  times  and  passed,  28th  of  June,  1861. 

W.  N.  EDWARDS, 
Teste:  Prest.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


48  State  Convention.  [June,  1861. 

[No.  35.] 

AN  ORDINANCE  TO  AMEND  AN  ORDINANCE  PASS- 
ED AT  THE  PRESENT  SESSION  OF  THIS  CON- 
VENTION, ENTITLED  "AN  ORDINANCE  TO  PRO- 
VIDE FOR  A  BOARD  OF  CLAIMS." 

Be  it  ordained,  That  the  ordinance  passed  at  the  present 
session,  entitled  "An  ordinance  to  provide  for  a  Board  of 
Claims,"  ratified  on  the  8th  day  of  June,  1861,  be,  and  the 
same  is  hereby  so  amended  and  modified  as  to  provide  that  the 
said  Board  of  Claims,  shall  report  the  result  of  their  action  on 
such  claims  as  they  may  allow,  to  the  General  Assembly,  at  its 
next  session,  and  that  the  General  Assembly  is  hereby  author- 
ized to  pass  finally  on  such  allowed  claims,  and  make  provision 
for  their  immediate  payment,  and  that  all  such  claims  as  may 
not  be  reported  to  and  passed  upon  by  the  General  Assembly, 
shall  be  reported  to  the  Convention  at  its  adjourned  session  in 
November  for  the  final  action  of  said  Convention. 

Read  three  times  and  passed,  28th  June,  1861. 

W.  N.  EDWARDS, 
Teste:  Pi  est.  of  Convention. 

Walter  L.  Steele,  Secretary, 
L.  C.  Edwards,  Assistant  Secretary. 


